HomeMy WebLinkAboutStudy Session Agenda Packet 08-03-20STUDY SESSION AGENDA
CITY COUNCIL
CITY OF WHEAT RIDGE, COLORADO August 3, 2020 6:30 p.m.
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Citizen Comment on Agenda Items
1.Zoning 101 (overlay zones, etc)
2.Review of public notification procedures and policies for land use cases
(Stites/Hoppe)
3.Staff Report(s)
4.Elected Officials’ Report(s)
ADJOURNMENT
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Memorandum
TO: Mayor and City Council
THROUGH: Patrick Goff, City Manager
FROM: Lauren Mikulak, Planning Manager Ken Johnstone, Community Development Director
DATE: July 24, 2020 (for the August 3 Study Session)
SUBJECT: Zoning 101
PURPOSE The purpose of this study session is to provide Council with a foundational understanding of zoning in Wheat Ridge. No code amendments or policy changes are proposed at this time; the
content of this memo is for education and discussion purposes only. This memo is organized
around the following topics:
Background:
•Guiding Documents – The Foundation of Zoning
•What is Zoning?
•Wheat Ridge Zone Districts
•History of Wheat Ridge Zoning
•How Zoning is Changed
Types of Zone Districts in Wheat Ridge:
•Base Zone Districts
•Planned Developments
•Mixed Use Districts
•Overlay Zones
BACKGROUND Guiding Documents – The Foundation of Zoning The content of zoning regulations are rooted in the City’s guiding documents. These guiding
documents include the City’s comprehensive plan (Envision Wheat Ridge), a series of subarea plans, the Neighborhood Revitalization Strategy, the Bicycle and Pedestrian Master Plan, the Parks Master Plan, and the Housing Diversification Strategy, among others. These documents are long term in nature and are not enforceable or regulatory. Rather, these documents collectively describe the City’s vision, values, and policy priorities.
Item No. 1
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Examples of City Council adopted policy documents that guide creation of Wheat Ridge’s zoning regulations
What is Zoning? Zoning is used to ensure that the built environment
(buildings, businesses, houses, open space, corridors, and neighborhoods) reflects the values and vision described in guiding documents. The values and character of all communities are unique, and that’s why
zoning codes are also written and adopted at the local
level. The public is highly encouraged to participate during the development and updates of guiding documents because vision documents are then translated into zoning codes and regulations.
Zoning is the set of rules that dictates the use and development of private property. Zoning regulations essentially answer two questions:
• How can I use my land?
• What can development look like? The answers to these questions are in the City’s Zoning and Development Code in Chapter 26 of the Code of
Laws. In answer to the first question, the code contains permitted use charts to answer what types of land uses are permitted (or not) in each zone district. In answer to the second question, the code contains regulations on building design, setbacks, height, lot
coverage, parking, landscaping, lighting, screening, and more in each zone district.
Wheat Ridge Zone Districts The City of What Ridge has 26 different zone districts (refer to Table 1 on page 4). Each zone district has a specific purpose which is detailed in the code, for example:
Zoning answers two central questions:
What can I do and what can it look like?
Examples of Common Zoning Inquiries:
Can I have a detached garage? Yes or no?
If so, what can it look like…can it be metal?
How tall can it be? How close to my property
line can I put it?
Can I build a restaurant here? Yes or no?
If so, what can it look like…does it need certain
materials? How many windows need to face
the street? How much parking is required?
Can I have dwarf goats in my yard? Yes or no?
If so, what does that look like…how many can I
have? Where does the enclosure go?
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Residential-Two District (R-2): “This district is established to provide high quality, safe,
quiet and stable low to moderate-density residential neighborhoods, and to prohibit
activities of any nature which are incompatible with the residential character.” (from Sec. 26-209.A) Commercial-One District (C-1): “This district is established to provide for areas with a
wide range of commercial land uses which include office, general business, and retail
sales and service establishments. This district is supported by the community and/or entire region.” (from Sec. 26-218.A) Mixed Use-Neighborhood (MU-N): “This district, generally located along neighborhood
main streets and at neighborhood commercial centers, is established to encourage
medium density mixed use development. In addition to residential and civic uses, it allows for a more limited range of neighborhood-serving commercial and retail uses.” (from Sec. 26-1102.B)
When zoning is assigned to specific properties, it results in a zoning map whereby all land in the
City has an assigned zoning designation. In the map below, each color represents a different zone district, and each of those districts essentially has a different set of rules to answer the two central questions of what you can do and what it can look like. Those answers, ideally, closely correspond to the purpose statement of the zone district. (A larger zoning map is attached.)
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Table 1. Wheat Ridge Zone Districts
Group Zone District Name What is Allowed and What Can Development Look Like?
Base Zoning -
Residential
Districts (8)
Residential-One (R-1)
Residential-One A (R-1A)
Residential-One B (R-1B)
Residential-One C (R-1C)
Residential-Two (R-2)
Residential-Two A (R-2A)
Residential-Three (R-3)
Residential-Three A (R-3A)
• These zone districts address properties with predominantly single and multi-unit
residential development.
• These districts are distinguished by differing lot size, density, and setback
requirements; all have the same maximum height.
• R-1 is the largest lot single-family district allowing 4 units per acre. At the other end
of the spectrum, R-3 allows multifamily up to 12 units per acre.
• Any property over 1 acre in size cannot be rezoned to a base residential zone district.
Base Zoning -
Agricultural
Districts (2)
Agricultural-One (A-1)
Agricultural-Two (A-2) • These zone district address large properties with smaller building footprints, geared
towards single unit residential and agricultural uses.
• For lots over one (1) acre in size, commercial agricultural uses are permitted.
• In most cases, ag districts in Wheat Ridge function as single-family residential
districts because most ag lots are less than one acre in size.
Base Zoning -
Commercial
Districts (5)
Neighborhood Commercial (NC)
Restricted Commercial (RC)
Commercial-One (C-1)
Commercial-Two (C-2)
Industrial-Employment (I-E)
• This series represents a range of traditional commercial zoning; these districts were
inherited from Jefferson County.
• Properties cannot be rezoned to NC, RC, C-1 or C-2; existing properties with this
zoning are allowed to retain the zoning designation.
• The I-E zone district was updated in 2012, and properties can be rezoned to I-E.
Planned
Development
Districts (5)
Planned Residential Development (PRD)
Planned Commercial Development (PCD)
Planned Industrial Development (PID)
Planned Hospital Development (PHD)
Planned Mixed Used Development (PMUD)
• Planned developments (PD) are customized, property-specific zone districts.
• There are only five planned development districts, but about 100 individual planned
developments in the City.
• A residential property over one (1) acre for which a change in zoning is desired is
required to be rezoned to a Planned Development or Mixed Use District.
Mixed Use
Districts (4)
Mixed Use-Neighborhood (MU-N)
Mixed Use-Commercial (MU-C)
Mixed Use-Commercial Interstate (MU-C I)
Mixed Use-Commercial Transit Oriented
Development (MU-C TOD)
• This group of zone districts was created in 2010 based on recommendations from
the comprehensive plan and NRS and with extensive public input.
• Properties of any size can apply to be rezoned to a mixed use district, though each is
intended for specific geographic area or type of corridor.
Other (2) Public Facilities (PF)
Conservation District (CD) • These districts are rarely applied in Wheat Ridge. Most City facilities are not actually
in the PF zone district. Conservation easements are a more common tool than this
zoning designation reserved for specific conservation purposes.
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History of Zoning in Wheat Ridge The City of Wheat Ridge incorporated in 1969. The land area was previously part of
unincorporated Jefferson County, and much of the City was already developed under Jefferson County’s zoning codes. Therefore, upon incorporation, the City inherited much of Jeffco’s zoning. In November 1969, Ordinance 11 went into effect adopting the City’s first rudimentary zoning code. In 1972 under Ordinance 98 the City adopted its first official zoning map and
repealed and reenacted a much more extensive zoning code. As it typical, it has evolved and
expanded since then with over 250 code amendments in the last 40 years. Despite early efforts, the City’s early zoning maps and much of the inherited zoning resembles a patchwork quilt. Consequently, many parcels of land are split into multiple and divergent zone
districts (C-1 and R-3 for example) which can make investment difficult. Further, there are
many instances where the existing land uses on a property do not align well (or at all) with the underlying zoning. Many of the applications to rezone property that the City receives from private property owners are intended to address these challenges with our historic zoning maps.
How Zoning is Changed
Chapter 26 sets forth two types of rezoning processes - City-initiated and private:
• City-initiated or legislative rezonings are initiated by City Council as a body. Over the years, the City has initiated rezonings to implement the goals of the City Council and
adopted plans. These actions often affect many properties within a subarea or corridor.
Section 26-113 of the Code provides the authority for the City Council to change the zoning of property. The most recent legislative rezonings included over 80 parcels along Wadsworth Boulevard in 2011 and over 140 parcels along 38th Avenue in 2012. Those were pursued based on Council’s adoption of new subarea plans for those corridors and
subsequent approval of the new Mixed Use zone districts (see page 10).
• Private rezoning requests are exactly as named: requests initiated by an individual or group of property owners and submitted to the City for action. These requests may be for the purpose of correcting a discrepancy in the underlying zoning and existing use or
buildings or for the purpose of enabling new development or investment not allowed
under the existing zoning. In both cases, the process for a zone change is similar, requiring a neighborhood meeting, an application submittal, a public hearing before Planning Commission, a first reading of the zoning
ordinance at City Council, and ultimately a public hearing before City Council who is the
decision maker for all zone change requests. The City Charter requires all zoning ordinances to be approved by 5 votes of Council. It is possible for a legal protest (further defined in the Charter and Code) to be submitted which can trigger the need for 6 votes for approval.
Zone change decisions are not arbitrary. For both legislative and private zone changes, the
Planning Commission and City Council are compelled by code to base their decision “upon all evidence presented, with due consideration of the criteria for review.” These criteria are outlined in Sections 26-112 and 26-303 and compel an analysis of how the request relates to the comprehensive plan, to existing infrastructure, and to the “health, safety, and welfare” of the
community. (This last concept is a reference to the public health roots of zoning by which
zoning in the early 1900s was used to separate industrial and residential uses to protect the
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health, safety, and welfare of the public in a very literal way. This criteria is more subjective by
today’s standards but remains the fundamental intent for all zoning standards.)
TYPES OF ZONE DISTRICTS The balance of this memo describes in more detail the four different types of zone district categories used in Wheat Ridge:
• Base Zone Districts
• Planned Development Districts
• Mixed Use Districts
• Overlay Districts
A high level overview of each is summarized in Table 2 and more extensive descriptions and
examples are provided on the following pages.
Table 2. Summary of Zone District Types
Type of Zone District Distinguishing Factors
Base Zone Districts
(e.g. Residential-One: R-1;
Commercial-One: C-1)
• Prescriptive standards with predictability but limited flexibility
• Mostly remnants from inherited circa 1960s Jefferson County
zoning with adjustments over time
• No specific plans required for rezoning approval
Planned Developments
(e.g. Planned Residential
Development: PRD)
• Site specific zoning documents governs development
• More flexibility to customize permitted uses and site design
• More predictability for public, more risk for developer
• Very specific plans required for rezoning approval and development
Mixed Use Districts
(e.g. Mixed Use
Commercial: MU-C)
• Created in 2010 to implement adopted plans (e.g., desire for mixed
use with enhanced design on Wadsworth and 38th Avenue)
• Prescriptive standards with predictability for desired uses and
design
• No specific plans required for rezoning approval
Overlay Districts
(e.g. architectural,
floodplain)
• Typically to address specific use regulation or design issue
applicable to specific part of community across zone districts
Base Zone Districts Overview The City’s eight residential districts, two agricultural districts, and five commercial districts (refer to Table 1) are considered base zone districts (also at times referred to as “straight zone districts”) in that they are the most traditional type of zoning. They are very prescriptive in terms of separating disparate uses, and they are fairly inflexible. These zone districts allow only a
single primary structure on a single lot. They are expressed as a series of zones with increasing intensity. Base zone districts are the most common form of land use regulation in America dating back to the earliest zoning codes of the 1920s. In Wheat Ridge, the majority of residential neighborhoods are comprised of base zone districts, most of which are on uniformly platted, relatively flat, rectangular lots.
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Content of a Rezone Application
A rezone request to a base zone district is fairly simple, requiring a letter of request from the
applicant, but no detailed site, building, or civil plans. That said, as noted in Table 1, there are significant limitations on a property owner’s ability to rezone to a base zone district. For residential development, any project over one acre is required to rezone to a planned residential development. For commercial development proposals, properties may not be rezoned to NC,
RC, C-1 or C-2.
Trends In the last 20 years, there have been 99 private zone change requests and only 14 have been to a base zone district. In the last 10 years, there have only been six base zone changes: three to
Industrial-Employment and three to residential zone districts.
Examples The rare instance when a base zone change is supportable depends largely on the lot size and the surrounding zoning designations. The last two residential zone changes were completed because
of a mismatch between the subject property’s use, zoning and surrounding area:
EXAMPLE 1.
Location:
Request:
Year:
Land Use:
6025 W. 40th Avenue
Rezone from C-1 to R-1C
2017
Single unit residential
Analysis: The property included two parcels,
with a total size of less than ½ acre. The C-1
zoning was a mismatch with the property’s
historical use as a residential property. The
rezoning brought the use into compliance with
the zoning regulations and allowed for the
construction of an additional home. The R-1C
zoning matches the existing zoning to the east
(light yellow).
EXAMPLE 2.
Location:
Request:
Year:
Land Use:
11700 W. 46th Avenue
Rezone from A-1 to R-2
2020
Residential duplex
Analysis: The subject property is one parcel
containing a duplex. It is largely surrounded by
R-2 zoning to the north and west and
southeast. The existing conditions of the site,
use, size, are nonconforming with A-1 but
conforming under R-2.
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Planned Developments Overview
Most base zoning districts assume that land is flat, regularly shaped, and contains a single use or structure. In reality, however, parcel shapes can be irregular, land may have steep slopes, uses may be mixed, and residences may be more appropriate to cluster. In Wheat Ridge, infill development is most common; this is the development of vacant or underutilized parcels that are
surrounded by existing development. Infill can result in sites with unique challenges and
opportunities. In recognition of the need to address unique site features, the Colorado legislature adopted the Planned Unit Development Act (“PUD Act”) in 1972 adding planned developments to zoning toolkits around the state. This was part of a national trend at that time to have what are often referred to as “negotiated” rezoning processes.
Wheat Ridge has relied on the PUD tool since the City’s first official zoning map. Planned Residential and Planned Commercial Developments appeared on the City’s first zoning maps. For a period of time, commercial zone changes were permitted only to request a planned development (not a base zone district).
A planned development is a property specific zoning document. Each planned development has its own customized list of permitted uses and customized development standards that apply to a specific property and run with the land. The premise of the PUD Act and of planned developments in general is to provide flexibility in development, but to protect the public interest
by requiring significantly more forethought and detail to be presented as part of the application
and throughout the public hearing process. The Code explicitly states that a planned development may not be used to circumvent the spirit and intent of the zoning code; this means a planned development must still meet the overall
intent of the zoning code (Section 26-102) which is to encourage high quality design, logical
growth, and appropriate use of land. In fact, the purpose of a planned development, as stated in the Code, is specifically to “permit the establishment of well-designed, innovative developments which may not be feasible under a standard zone district, but which may be permitted through the use of an approved development plan by assuring greater control and specificity of intended
development character, use, operations and maintenance, while at the same time allowing
flexibility and diversity” (Section 26.301.C). While planned developments can potentially have more residential density than base zone districts (up to 21 units per acre per the City’s Charter compared with 12 units per acre in R-3),
the purpose of the planned development is not simply to achieve more density. It is to ensure a
transparent public process and more design control when, for example, more density or unique land uses may be part of the request. Content of a Rezone Application
The benefit to the community of planned development zoning is that the City has significantly
more control over the outcome, and there is significantly more transparency for the public. Unlike a zone change to a base zone district, there are two distinct steps in establishing a planned development. Step one is approval of an outline development plan (ODP) that establishes the planned development zoning designation, permitted uses, underlying development parameters,
and general design concepts. Step two is approval of a specific development plan (SDP) to
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provide specific site plans, building elevations, and civil documents. The SDP and ODP are both
approved at public hearings. The process of approving an ODP and SDP can often take 12-18
months. The details in the ODP and SDP mean that each planned development has its own “rule book” in terms of how the land can be used and what development can look like. Planned developments
are often very specific, so the owner, the City, and the public know exactly what a project will
look like. ODP’s contain specific use allowances, density limitations, and development standards that must be complied with even if ownership or designs change. This is simply not the case for a traditional zone change, where for example, there are no architectural standards in the City for single-family or duplex homes in the R-series zone districts.
Trends Most homes built since the 1980s in Wheat Ridge are located within Planned Residential Developments (PRDs). In the last 20 years, there have been 99 private zone change requests and over half—54—have been to a planned development district. With the creation of mixed use
districts in 2010, the City has been less reliant on planned developments, and even still they
comprised 36% of zone change requests in the last 10 years (19 of 55 applications). In recent years, there appears to be some misunderstanding of planned developments, particularly that they are perceived to be “blank checks.” This is simply untrue. In fact, while
planned developments can allow for more flexible site and building design, they are ultimately
the least flexible zoning after they have been approved. The development standards (such as permitted uses, height, setbacks, density, parking ratios, landscape coverage, or the overall character of the development) cannot be changed without going through a zone change process. In addition, site plan or building changes require a formal amendment application.
Examples Staff recommends planned development zoning when a property is irregularly shaped, has unusual topography, is larger in size, has a unique development plan, requires unique land use controls, or includes unique or strict architectural style. In addition, a planned development is
sometimes recommended when the project and/or public would benefit from knowing the details
of the site early in the process. Recent examples include the Planned Mixed Use Development (PMUD) at Clear Creek Crossing and Planned Residential Development (PRD) at 9800 W. 38th Avenue.
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EXAMPLE 3.
Location:
Request:
Year:
Land Use:
Clear Creek Crossing
Rezone from PCD to PMUD
2018
Vacant
Analysis: The size, topography, Denver
Water easement encumbrance, and mixed use
vision all necessitated the use of a planned
development. This tool allowed a custom
approach to architecture and urban design that
has more strict design standards than the City’s
base codes. The PMUD also allows more
control over land uses by organizing the site
into planning areas with different land uses
permitted in each area.
EXAMPLE 4.
Location:
Request:
Year:
Land Use:
9800 W.38th Avenue
Rezone from R-1 to PRD
2020
Vacant
Analysis: The site is over 1 acre in size, so
the code requires that a residential rezoning be
to a planned development. Moreover, the
planned development is the best tool because
of several unique features: it is trapezoidal in
shape, it has a notable change in grade across
the site, and it is surrounded by a variety of
land uses. The PRD was not used to maximize
density, but rather to implement architectural
controls and to ensure less intense
development (single family detached) near the
neighborhood and duplex development
adjacent to W. 38th Avenue.
Mixed Use Districts Overview
The City’s mixed use districts were adopted in 2010 under Ordinance 1471 in recognition of a historic overreliance on planned developments and the need for an alternative. Several of the City’s guiding documents, including the 2005 Neighborhood Revitalization Strategy (NRS) and 2009 comprehensive plan, called for the redevelopment of key commercial corridors with high-quality, mixed use development. Until 2010, the zoning code made it difficult to achieve this
goal with any predictability. Base zone districts either prohibit or greatly restrict a mix of land uses on the same site, leaving a planned development as the only option for most potential mixed use projects.
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The mixed use zone districts were created to encourage a mix of land uses and enhanced design
along corridors. The mixed use districts are considered form-based codes meaning they are
flexible in terms of use (allowing commercial uses, residential uses, or a mix of the two), but they are incredibly prescriptive in terms of site and building design to ensure high quality development and consistent urban design. This includes detailed requirements for building placement, façade design, building materials, ground floor transparency, pedestrian facilities,
parking location and screening, residential transitions, open space, signs, and limitations on drive
through uses. Mixed use districts provide an alternative to the planned development process which can be time consuming, costly, and unpredictable. In addition to urban design goals, a specific reason for
creating the mixed use zoning districts was to create a more streamlined and predictable option,
as recommended in the 2005 NRS. These districts create certain “use by right” development opportunities with administrative approval options, in exchange for the mixed use zoning having very prescriptive development and design regulations to ensure high quality development. Much like the PUD trends that began in the 70s, a counter trend has occurred in the past 10-20 years to
allow more “use by right” zoning that achieves a more predictable process and outcome while
also meeting community goals. The mixed use zone districts were designed and written specifically for the City’s commercial corridors and higher intensity areas. As noted earlier, portions of the Wadsworth and W. 38th
Avenue corridors were legislatively rezoned (City Council initiated) to MU-C and MU-N,
respectively, to encourage private redevelopment and reinvestment, to promote a diverse and resilient tax base, and to create high quality places that attract residents and employers to Wheat Ridge.
Content of a Rezone Application
Unlike a planned development, a zone change request to a mixed use district is a straightforward application requiring simply a letter of request. No specific use needs to be identified in the application and no detailed site, building, or civil plans are required. This is intentional; one of the goals of creating these districts was to allow a shorter zone change process of about 6 months
before an applicant proceeds with development plans, provided the project meets the highly
calibrated land use and design objectives. While an applicant may have a specific use in mind, staff is often reminding decision makers that a mixed use district allows for a wide range of uses to be developed in the future. The premise
of the mixed use code is that the development standards are strict enough to ensure high quality
development and appropriate land use transitions no matter the ultimate use or site design. Site design is reviewed only by staff after a mixed use district is approved. Trends
In the 10 years since mixed use districts were adopted, there have been 30 zone change
applications to mixed use, the majority of which were approved within the few years following creation of the districts. Only two mixed use requests have been approved in the last two years. In recent years, mixed use districts appear to be misunderstood. In some cases, the public has
accused applicants of a “bait and switch” to enhance entitlements on the property without any
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vision for the site. As noted above, an applicant may be requesting the zoning for a specific use,
but the approved zoning allows for a wider range of uses.
In other cases, mixed use requests have been accused of being “blank checks” because of the lack of detail required in the application. The premise of mixed use zoning requires that the public and decision makers feel confident that the corridor locations of proposed mixed use
zoning is appropriate. More importantly, the public and decision makers need to feel confident
that the prescriptive form-based development standards in the code will result in high quality development. Examples
Private requests for mixed use zoning requests have been used to correct nonconformities and to
set the stage for potential future redevelopment as was the case in these examples.
EXAMPLE 5.
Location:
Request:
Year:
Land Use:
11221 W. 44th Ave
Rezone from A-1 and C-1 to MU-N
2018
Residential and Commercial
Analysis: The property was under single
ownership, 2.25 acres in size, and had split zoning
with four residential units in the agriculturally zoned
portion and a bar and restaurant in the
commercially zoned portion. All of the structures
and the zoning predate the City. The split zoning
and nonconformities on the site make investment or
potential redevelopment difficult. A zone change to
Mixed Use-Neighborhood was an appropriate choice
given the scale of development and mix of uses
along W. 44th Avenue. No specific reuse was known
at the time of the rezoning.
EXAMPLE 6.
Unlike prior examples, this image shows the current MU zoning in place.
Location:
Request:
Year:
Land Use:
Northwest Subarea
Rezonings from PID to MU-C TOD and
from R-1 to MU-C TOD and MU-N
2012, 2016
Former industrial, SF, ranch
Analysis: With the RTD Gold Line and the end of
line station located at Ridge and Tabor Streets, the
northwest subarea has experienced a
transformation. Prior to and in anticipation of the
commuter rail opening, the largest parcels adjacent
to the site were rezoned to MU-C TOD and MU-N
zone districts to achieve transit-oriented
development. The City’s adopted plans for this area
place a high emphasis on urban design, so the mixed
use districts were a natural fit for these properties.
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Overlay Zones Overview
Overlay zones are regulations that are applied in addition to the regulations of an underlying zone district. These can result in additional or stricter standards in certain geographic areas across different zone districts to achieve specific objectives, typically related to use regulations or design standards.
In Wheat Ridge, in addition to the Chapter 26 zoning regulations, the City has adopted the
Architectural and Site Design Manual (ASDM) which provides supplementary design standards that apply in many zone districts. This manual functions as an overlay zone. The ASDM applies to any new development, major addition, or façade change for commercial and multifamily uses
in any base zone district.
The City’s floodplain regulations in Chapter 26 also function as an overlay zone. A property may be zoned to allow a certain use and setback, but the presence of the floodplain or floodway results in more restrictions that can prohibit development or require increased setbacks.
Unlike other zone change requests, overlay zones are not requested by property owners but are
simply a set of regulations that are part of the Code of Laws. Overlay districts are used in other communities to address a variety of other zoning regulations. A town like Breckenridge might establish a historic overlay zone to address an area with a well-established architectural character or style that the community wants preserved as new construction or renovations occur. A
community along Route 66 might implement a sign overlay to promote 1950s era sign design.
Overlays are effective at achieving specific goals that are not exclusive to a specific zone district. Because overlay zones can complicate the regulatory framework by adding another layer of standards to administer and understand, most communities use them sparingly.
Example
The R-3 zone district allows multifamily development and the R-3 zone district standards prescribe the density, height, setbacks, lot coverage, parking, lighting, and landscaping requirements. In addition to those requirements, the ASDM adds requirements related to the building design. Depending on the location of the R-3 property, the front setback may be
determined by the ASDM’s suburban, contemporary, and traditional overlay.
CONCLUSION Zoning and Equity In light of the current national conversation on racism and equity, it is important to note that
zoning, historically, is central to this discussion. In the early years of zoning in the first part of the 20th century, zoning was oftentimes used as an exclusionary tool, in some cases buttressed with private deed restrictions that would exclude certain races and ethnicities. Zoning codes continue to reflect the values of a community, and social justice values can include access,
equity, and inclusion. Zoning and land use decisions are historically and inextricably linked to
social justice. Next Steps As noted above the purpose of the August 3 study session is simply to provide Council with a
broad understanding of zoning types and tools. Some of this content will also be utilized in the
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Wheat Ridge 101 program launching later this year and providing broad civic education for
community stakeholders.
Councilmembers are encouraged to send in advance or bring to the meeting zoning-related questions.
ATTACHMENTS
1. Zoning Map
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T
ZI
N
N
I
A
C
T
EL
D
R
I
D
G
E
S
T
43RD AVE
FOOTHILLRD
53RD AVE
47TH AVE
SI
M
M
S
S
T
TE
L
L
E
R
S
T
DEPE
W
C
T
ALLEY
BEN
T
H
A
V
E
N
D
R
B R I S T O L
S T
55TH PL
MELROS
E
D
R
HO
L
M
A
N
S
T
52ND AVE
HILLSIDE DR
F I E L D
C T
MIL
L
E
R
S
T
25TH LN
4 9 T H D R
33RD PL
41ST AVE
55TH AVE
D E F R A M E
S T
SIM
M
S
D
R
GA
R
D
E
N
I
A
S
T
HO
L
L
A
N
D
C
T
52NDPL
SWAD
L
E
Y
D
R
HO
Y
T
S
T
F
L
O
R
A
ST
IN
D
E
P
E
N
D
E
N
C
E
C
T
FI
G
S
T
56TH CR
53RD AV
29TH
P
L
50TH AVE
IN
D
I
A
N
A
S
T
35TH AVE
TABOR
D
R
QU
A
I
L
S
T
PA
R
F
E
T
D
R
BE
E
C
H
C
T
HA
R
L
A
N
S
T
H O W E L L S T
YA
N
K
C
T
DO
V
E
R
S
T
B E R R Y L N
ZEP
H
Y
R
D
R
SA
U
L
S
B
U
R
Y
C
T
44T
H
D
R
45TH AVE
42ND AVE
38TH PL
LE
E
S
T
L I N D A V I STADR
54TH AV
TWILIGHTDR
NE
L
S
O
N
S
T
DE
P
E
W
S
T
UN
I
O
N
S
T
FI
E
L
D
S
T
GYDA DR
H O L L A N D D R
ES
T
E
S
S
T
55TH LN
29TH AVE
33RD AVEWA
R
D
R
D
I70 FRONTAGE RD
U N I O N W Y
37TH AVE
27TH AVE
TA
B
O
R
S
T
GA
R
R
I
S
O
N
S
T
A P P L E WOOD KNOLLSDR
PIERS
O
N
W
A
Y
KE
N
D
A
L
L
S
T
LA
M
A
R
S
T
MORNINGSIDE DR
51ST PL
IN
G
A
L
L
S
S
T
OAK ST
H E A T H E R R D XE
N
O
N
S
T
SW
A
D
L
E
Y
S
T
38TH DR
B R A U N R D
3 2 N D DR
OW
E
N
S
C
T
AM
E
S
S
T
28TH P
L
T
A
B
O
R
C
T
48TH CIR
IN
G
A
L
L
S
C
T
OAKDR
46TH DR
SE
R
V
I
C
E
R
D
PI
E
R
S
O
N
S
T
CLEAR C
R
E
E
K
D
R
WA
R
D
C
T
ZANG S T
2 5 T H P L
GR
A
Y
S
T
P A R A M O U N T P K W Y
RO
B
B
S
T
VIVIAN
D
R
48TH AVE
CO
O
R
S
S
T
NO
L
A
N
S
T
QU
A
Y
C
T
C
O
L
E
S
T
54TH LN
53RD PL
MO
O
R
E
C
T
54TH PLRIDGE RD
AL
K
I
R
E
W
A Y
31ST AVE
34TH PL
AL
L
I
S
O
N
S
T
HIGHLAN D P L
VI
V
I
A
N
S
T
YO
U
N
G
F
I
E
L
D
W
A
Y
B R A U N D R
ES
T
E
S
C
T
UN
I
O
N
C
T
C R A B A P PLE PL
30THPL
FIELDDR
C R A B A P P L E
R D
27TH DR
54THAVE
R O B B C I R
50TH PL
RANG E V I E W D R
RO
U
T
T
S
T
22
N
D
P
L
DU
D
L
E
Y
S
T
SK
Y
L
I
N
E
D
R
51ST AV
MIL
L
E
R
C
T
FE
N
T
O
N
S
T
25TH AVE
30TH AVE
HEATHER
W
A
Y
EL
L
I
S
S
T
43RD DR
VA
N
C
E
S
T
CLAR A B E L L E D R
MO
O
R
E
S
T
JA
Y
S
T
F R A N C E S P L
39TH AVE
47TH PL
ROUTT CIR
W
A
R D D R
WR
I
G
H
T
S
T
3 0 TH DR
RE
E
D
S
T
DA
W
N
C
T
43RD PL
HO
Y
T
C
T
3
0THLN
46TH AVE
46TH PL
CA
R
R
S
T
R O B B C T
26TH PL
CH
A
S
E
S
T
BERRYRD
FL
O
R
A
C
T
HO
L
L
A
N
D
S
T
54TH
D
R
MA
R
S
H
A
L
L
S
T
31ST PL
49TH AVE
Q U A I L
C T
L
Y
N
N
DR
28TH AVE
FI
G
C
T
FIE
L
D
C
R
WR
I
G
H
T
C
T
36TH AVE
ZE
P
H
Y
R
C
T
JO
H
N
S
O
N
S
T
HI
G
H
C
T
YA
R
R
O
W
C
T
3 4 T H A V E
E V E R E T T DR
27TH LN
VIV
I
A
N
C
T
OT
I
S
S
T
3 4 T H D R
QU
A
Y
S
T
TA
F
T
C
T
GA
R
D
E
N
R
D
39TH PL
PRIVAT
E
36TH PL
GR
A
Y
C
T
HO
W
E
L
L
R
D
IR
I
S
S
T
OT
I
S
C
T
BE
N
T
O
N
S
T
Q U E E N S T
27TH PL
IR
I
S
C
T
BR
A
U
N
S
T
BE
E
C
H
S
T
O
H
A
Y
R
E
C
T
C I R C L E D R
4 0 T H A V E
EA
T
O
N
S
T
F
AIRVIEW LN
4
8
T
H
P
L
IN
D
E
P
E
N
D
E
N
C
E
S
T
Y
O
U
N
G
F
I
E
LDST
TA
F
T
S
T
AR
B
U
T
U
S
S
T
JE
L
L
I
S
O
N
C
T
FL
O
W
E
R
C
T
CL
O
V
E
R
R
D
P A R F E T
S T
PI
E
R
S
O
N
C
T
AL
K
I
R
E
S
T
23
R
D
P
L
UP
H
A
M
S
T
BA
L
S
A
M
S
T
AM
M
O
N
S
S
T
AL
K
I
R
E
C
T
37TH PL
45TH PL
A
L
L
I
S O N C I R
D
O
V
E
R
C
T
35TH PL
CA
R
R
C
T
44TH PL
WE
B
S
T
E
R
S
T
NELS
O
N
D
R
CO
D
Y
C
T
SA
U
L
S
B
U
R
Y
S
T
24TH AVE TE
L
L
E
R
C
T
UR
B
A
N
S
T
49TH PL
S A N D R A W Y
DE
F
R
A
M
E
R
D
WILLOW
L
N
SIM
M
S
P
L
45T
H
D
R
L U T H E R A N P K W Y
41STPL
RE
E
D
C
T
HO
Y
T
D
R
Y
O U N G F I E L D S E R V I C E
R D
EV
E
R
E
T
T
S
T
BE
L
L
C
T
CO L E C I R
2 4 T H
P L
NE
W
C
O
M
B
E
S
T
EV
E
R
E
T
T
C
T
F L O W E R S T
4 9 T H CIR
ZI
N
N
I
A
S
T
KL
I
N
E
S
T
OA
K
C
T
YU
K
O
N
C
T
LE
W
I
S
S
T
NE
W
M
A
N
S
T
JE
L
L
I
S
O
N
S
T
LAKESI D E L N
Y A R R O W S T
5 0 T H A V
OW
E
N
S
S
T
YA
N
K
W
A
Y
A L L I S O N C T
VA
N
G
O
R
D
O
N
S
T
51ST AVE
CO
D
Y
S
T
BR
E
N
T
W
O
O
D
S
T
32ND PL
GL
A
D
I
O
L
A
S
T
GA
R
L
A
N
D
S
T
ZE
P
H
Y
R
S
T
BR
A
U
N
C
T
LE
E
C
I
R
STATE HWY 58 FRONTA
G
E
R
D
INSP IRATION POINT DR
PI
E
R
C
E
S
T
WA
R
D
R
D
RIDGE RD
KI
P
L
I
N
G
S
T
44TH AVE
GA
R
R
I
S
O
N
S
T
52ND AVE
32ND AVE
48TH AVE
44TH AVE
GA
R
R
I
S
O
N
S
T
26TH AVE
CA
R
R
S
T
TA
B
O
R
S
T
52ND AV
AL
K
I
R
E
S
T
YO
U
N
G
F
I
E
L
D
S
T
EL
D
R
I
D
G
E
S
T
44TH AVE
27TH AVE
K
I
P
L
I
N
G
P
K
32ND AVE
SH
E
R
I
D
A
N
B
L
V
D
38TH AVE
PI
E
R
C
E
S
T
52ND AVE
26TH AVE
WA
D
S
W
O
R
T
H
B
L
V
D
WA
R
D
R
D
SH
E
R
I
D
A
N
B
L
V
D
CS
H
1
2
1
52ND AV
AL
L
I
S
O
N
S
T
44TH AVE
32ND AVE
SH
E
R
I
D
A
N
B
L
V
D
51ST PL
52ND AV52ND AVE
52ND AV
26TH AVE
BERRY RD
44TH AVE
26TH AVEEL
D
R
I
D
G
E
S
T
38TH AVE
44TH AVE
32ND AVE
26TH AVE
BA
L
S
A
M
S
T
44TH AVE
PI
E
R
C
E
S
T
EL
D
R
I
D
G
E
S
T
WA
D
S
W
O
R
T
H
B
L
V
D
SH
E
R
I
D
A
N
B
L
V
D
26TH AVE26TH AVE
52ND AV
50TH AVE
TA
B
O
R
S
T
MA
R
S
H
A
L
L
S
T
RIDGE RD
GARDEN RD
TA
B
O
R
S
T
YOU
N
G
F
I
E
L
D
S
T
40th AVE 38TH AVE
CA
R
R
S
T
51ST AVE
53R
D
A
V
53R
D
A
V
E
32ND AVE
KI
P
L
I
N
G
S
T
KI
P
L
I
N
G
S
T
32ND AVE
SH
E
R
I
D
A
N
B
L
V
D
38TH AVE
52ND AV
WA
D
S
W
O
R
T
H
B
L
V
D
CA
R
R
S
T
SH
E
R
I
D
A
N
B
L
V
D
44TH AVE
52ND AV
KI
P
L
I
N
G
S
T
EL
D
R
I
D
G
E
S
T
MA
R
S
H
A
L
L
S
T
52ND AVE
52ND AV
IN
D
I
A
N
A
S
T
IN
D
I
A
N
A
S
T
WA
R
D
R
D
RIDGE RD
YO
U
N
G
F
I
E
L
D
S
T
CSH
1
2
1
KI
P
L
I
N
G
S
T
KI
P
L
I
N
G
S
T
IN
D
I
A
N
A
S
T
PI
E
R
C
E
S
T
32ND AVE
TA
B
O
R
S
T
YO
U
N
G
F
I
E
L
D
S
T
58
ARVADAARVADA
LAKEWOODLAKEWOOD
JEFFERSONJEFFERSONCOUNTYCOUNTY
JEFFERSONJEFFERSONCOUNTYCOUNTY
JEFFERSONJEFFERSONCOUNTYCOUNTY
JEFFERSONJEFFERSONCOUNTYCOUNTY
LAKESIDELAKESIDE
MOUNTAIN VIEWMOUNTAIN VIEW
JEFFERSONJEFFERSONCOUNTYCOUNTY
EDGEWATEREDGEWATER
MU-N
R-2
R-2
R-2A
R-2
PRD
R-3
R-1
R-1
R-1
R-1
R-1A
R-1A
R-2
R-1
R-1
R-3
R-2
R-1
R-1A
PRD
R-1A
PRD
R-1A
R-2
R-3
R-2
R-3
R-3AR-1A R-1A
R-2
R-1 R-2 R-1C
R-3
R-2
PRD
R-2
R-2
PRD
R-3
R-3
R-2
PRD
PRD
R-3
R-2A
R-3
R-3A
PRD
R-1B
R-1 PRD
PRD
R-3R-2
R-1C
R-1
R-2A PRD R-2R-2A
R-3
PRD
PRD
R-3
R-3
R-2 R-3 R-1A
PRD
R-1A
R-1
R-2
R-2A
R-2
R-2
R-2
R-3
R-3
R-3
R-3 R-2
R-1C
R-3
R-2
R-1A R-1
PRD R-3
R-1
R-1
R-3
R-2
R-3
MU-C
R-3
R-3
R-1
R-3
R-2 R-3
R-3R-1B
R-3R-3R-3
R-3
R-3 R-3
R-3
R-3
PRD
R-3 R-2
R-1CR-3 R-1C R-1C
R-1C
R-1
R-3
PRD R-3
R-2A
R-1A
R-1B R-3
R-3
PRDR-3 R-3
R-1CR-3
R-3
R-1
R-2
R-1A
R-1
R-1CR-3 R-1C
R-3
R-1AR-1R-1C
R-1A
R-1
R-2 R-2
PRD
R-3
R-3
R-2
R-3 R-1C R-3R-2R-3 R-2R-3R-1A
R-1B
R-3
R-3
R-3 R-3R-3 R-3
R-3
R-3
R-1C
R-2
R-1 R-3
R-3
R-3
R-1C
R-3 R-1C
R-3
R-3 R-1 R-3
R-3A R-3
R-2
R-3 R-3 R-3
R-3
R-3
R-3
R-3
R-3
R-2 R-2
R-3
R-1C
R-1C R-1C
R-3
R-1C
R-1C
R-1C
R-1CR-3
R-1C
R-2
PRD
R-2
PRD
R-3
R-3
R-1C
R-2
PRD
R-3R-2
R-3
R-2
PHD
PHD
PHD
PID
I-E
I-EPID
PID
I-EPID
PID PID PIDI-E PID PID
PID
PID PID
PID
A-1 A-1
A-1
A-1
A-1
PRD
A-1
PF
A-1
A-1
A-1
A-1
A-1
A-1
A-1
A-1 A-1
PRD
PRD
PID
PID
PID
PID
PID PID I-E I-E
PID
I-E
I-E PID
I-E
PIDPCD
PID PID
PID
PID
PID
C-2
C-1
PCD
C-1
PCD
PCD
PCD
C-2
C-1
R-C
PID
C-1R-C C-1 PCD R-CC-1
PCD
PCDPCD
C-2
PCD
C-1N-C
R-C
PCD
PCD
N-CN-C
C-1R-CC-1
PCD
C-1
PCDR-C PCD
R-C
C-2
C-1 R-C
C-1
MU-C
C-1
C-1 R-C
PCDPCD
PCD
C-1
R-C
PCD
R-C
R-C N-C
R-C C-2
C-1
C-1
C-1
C-1
PCD
PCD
R-C
C-1
N-C
C-1
C-1
R-C
PCD R-C
R-C R-C
C-1 C-2
R-CN-C
N-C
R-CPCDR-C
PCD
N-CR-C
R-CR-CN-C R-CC-1 PCD
R-C
R-C N-C
PCD
R-C
PCD R-CN-C
PCD
PCD
C-1C-2C-1
PCD
N-C
C-1
C-1
N-C R-CR-C
R-CC-1 N-CR-C C-1
R-CMU-N
R-C
N-C
C-2
C-1 C-1 MU-N
C-1
C-1
N-CPCD
N-CPMUD
N-C
R-C
C-1 C-1
C-1 C-1
MU-N
C-1
N-C
N-C
PCD
R-C
PCD
MU-N
PCD
PCD
A-2
A-2
PCD
A-2
A-1
A-2
A-2
PCD
PRD
A-2
A-2 A-2
A-1
CD
A-1
PBF
A-1
A-1
A-1 A-1
A-1
A-1
R-1C
PCD
PID
PCD
PCD
R-2
PRD
MU-C
R-1
A-1
R-2
C-1
A-1
PF
I-E
MU-C TOD
R-2
C-1
C-1C-1
R-3
R-3
C-1 C-1
MU-N
MU-NMU-N
R-3
C-1MU-N
C-1 C-1
C-1MU-N
MU-CINT
MU-N
MU-N
MU-NPCD
R-3
C-1
MU-NR-C
I-E
PRD
MU-N
A-1
MU-C
MU-NR-C
MU-C
PRD
MU-N
N-CR-2
PRD
MU-CTODR-1
C-1
R-2 MU-N
R-1C
A-1
MU-N
PCD
PCD
MU-N
MU-N
A-1
PRD
R-3
R-3
PRD
A-1
A-1
A-1
76
7070
70
OFFICIAL ZONING MAPOFFICIAL ZONING MAP
City of Wheat Ridge, Colorado7500 West 29th AvenueWheat Ridge, CO 80033-8001303.234.5900www.ci.wheatridge.co.us/index.aspx
NAD1983 HARN StatePlaneColorado Central FIPS 0502 FeetDatum: NAD83
DISCLAIMER:This map was created with the latest zoning information available;however, rezonings may occur on a more frequent basis thanzoning map updates. For the most up-to-date and accuratezoning information, please call 303-234-5931. The user of this information shall indemnify and hold free the City ofWheat Ridge from any and all liabilities, damages, lawsuits, andcauses of action that result as a consequence of his or her relianceon information provided herein.
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Print Date: 11/07/2019
ATTACHMENT 1
Memorandum
TO: City Council and Mayor
THROUGH: Patrick Goff, City Manager
FROM: Ken Johnstone, Community Development Director Lauren Mikulak, Planning Manger
DATE: July 20, 2020 (for August 3, 2020 study session)
SUBJECT: Legal Notice for Public Hearings for Planning and Development Items
PURPOSE Public notice is a critical legal requirement for a variety of zoning and subdivision cases. The
City’s Charter and Code of Laws establish legal notice requirements not only for the purpose of
informing the public on proposed developments, but also to protect the due process rights of stakeholders. The extent of notice generally corresponds to the level of review and impact with the highest level of notice required for those applications which require public hearings.
In April 2020, members of Council requested that staff prepare a study session item that
addresses a few targeted issues related to public notice. Specifically, these issues relate to the sign and letter notice associated with public hearings. This memo is organized as follows:
•Current Notice Requirement for Public Hearings
•Analysis of Sign and Letter Notice Procedures
•Future Opportunities
BACKGROUND Current Notice Requirements for Public Hearings Notice requirements for public hearings are described in Charter Section 5.10 and Code Section 26-109. The Charter requirements are specific to zone changes, and the code section applies to allquasi-judicial public hearings associated with planning and development items. This includes avariety of case types before a variety of deciding bodies:
Type of Request
Public Hearing Body
City
Council
Planning
Commission
Board of
Adjustment
Zone change D R
Special use permit D
Major subdivision D R
Minor subdivision D
Specific development plan D
Planned Building Group D
Master Sign Plan D
Variance D R = Recommend to Council D = Decide upon request
Item No. 2
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In combination, Charter Section 5.10 and Code Section 26-109 stipulate four types of notice for
public hearings related to zoning and subdivision and prescribes the duration and content of notice.
The Code sections have been minimally changed in recent years. The last substantive change to 26-109 was in 2014 to increase the number of days for posted and letter notice from 10 days to 15 days.
Sign Notice (Sec. 26-109.C and Charter 5.10)
• Posted for 15 consecutive days (includes the day of the posting and the day of the hearing)
• One sign per street frontage
• Required to be within property boundaries
• Must be visible from street, legible, and maintained in good condition
• Minimum size is 22” x 28” posted at a height of 30” to 72”
• Sign must include: the request; reviewing body; time, date and location of hearing; and the location/address of the subject property (for zone changes only, the Charter also requires this statement: “specific plans for the proposed changes are available for inspection at the Wheat Ridge City Hall”)
Letter Notice (Sec. 26-109.D)
• Sent 15 days before the hearing by first class mail
• Sent to property owners within 300 feet of the boundary of the subject property
• Letter must include: the request; reviewing body; time, date and location of hearing; and the location/address of the subject property Newspaper Notice (Sec. 26-109.B and Charter 5.10)
• Published at least 15 days before a zone change hearing and at least 10 days before other
hearing types
• Published in a newspaper of general circulation
• The Clerk’s Office typically publishes in the Wheat Ridge Transcript (now Jeffco
Transcript) for which the publishing deadlines are several days before distribution; publications are occasionally printed in the Denver Post
• Newspaper notice must include: the request; reviewing body; time, date and location of hearing; and the location/address of the subject property (for zone changes only, the Charter
requires the legal description in the newspaper and also requires this statement: “specific
plans for the proposed changes are available for inspection at the Wheat Ridge City Hall”) Web Notice (Sec. 26-109.B)
• Published at least 10 days before the hearing
• Located on the City’s Legal Notices page on the website
• Web must include: the request; reviewing body; time, date and location of hearing; the location/address of the subject property; and the legal description
No single method of notice can capture all possible audiences and there are strengths and weaknesses to each type of notice. In addition to these codified requirements, the public can find information on upcoming hearings on the City’s online calendar, on the Wheat Ridge Speaks site, and on the public notice posting board at City Hall (formerly in the lobby and now outside the front
door).
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Analysis of Sign and Letter Notice Procedures The specific discussion items requested for this study session relate to the size of posting signs,
the location of posting signs, and the distance of letter notification. Staff has analyzed the City’s requirements and practice, other community requirements and practice, and specific examples in Wheat Ridge.
Size of Sign
As noted above the minimum size for a posting sign is 22 x 28. Most communities do not codify a minimum size, but Wheat Ridge size requirements appear to be similar to the signs of other communities.
The purpose of posted notice is to capture the attention of passing pedestrian or vehicular traffic,
so the critical design feature of posting signs may be less about the size and more about the overall design: Does it catch your attention? Is it legible? Does it clearly communicate the message?
An image of a recent sign posting is shown in Attachment 1. The City’s posting signs have not
changed in design in at least two decades. While the yellow and red may be visible, the sign content is cluttered and could be improved. Staff does not recommend any change to the code as it pertains to the size of sign, but does
recommend a redesign of posting signs to better achieve the purpose of posted notice.
Location of Sign As noted above, posting signs must be located within the subject property boundaries and must have at least one sign per street frontage. These requirements are common in other jurisdictions
as well.
Staff does not recommend that signs be located off-premise to avoid confusion about the location of the subject property. Likewise, staff does not recommend that all individual lots within a subject property contain a sign as this too could create confusion about the scope of a change
being requested in a given land use application.
The goal of the sign location requirements is to maximize the opportunity for affected people to see the sign and become aware of the proposal. Generally, this means that the sign(s) are highly visible to people traveling near the subject property. However, with such a wide range of site
sizes and configurations, affected people see mixed results in achieving this goal.
Staff is recommending that the number of posting signs be required based on the length of the property frontage. This approach is employed in some jurisdictions and would be appropriate for a target audience of passerby traffic. Under this approach, the code could be amended to require:
• A minimum of one sign per street frontage,
• At least two signs for properties with frontage length of 200-400 feet, and
• One sign per 400 lineal feet for properties with longer street frontages.
The images in Attachment 2 provide examples of how this would apply to several different properties in Wheat Ridge.
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Distance of Letter Notification
As noted above, letter notice is sent to the owners of property within 300 feet of the boundary of the subject property for public hearings. This distance is on the lower end of the spectrum as compared with other metro area communities. What’s more notable, however, is how this distance compares to the letter notice for neighborhood meetings.
For two specific application types, those which deal with land use rights—zone changes and special use permits—City Code requires a neighborhood meeting. Letter notice is required to the residents and property owners within 600 feet of the boundary of the subject property. (This practice of reaching out to both owners and residents for neighborhood meetings is broader than
other communities. While different than others and different than the notice for hearings, staff
recommends maintaining this practice since Wheat Ridge has a higher rate of renters than other communities.) Not all jurisdictions require neighborhood meetings, but for those that either require or
recommend a neighborhood meeting, the letter notice distance for the meeting and the hearing
are usually the same. The tables below show where Wheat Ridge ranks among other jurisdictions.
Neighborhood Meeting
Letter Notice (in feet) Public Hearing Letter
Notice (in feet)
Aurora abutting Aurora abutting
Lakewood 300-500 Denver 200
Westminster 300 Commerce City 300
Arvada 400 Westminster 300
Denver 400 Wheat Ridge 300
Commerce City 500 Lakewood 300-500
Golden 500 Arvada 400
Broomfield 500 Broomfield 500
Wheat Ridge 600 Golden 500
Littleton 700 Louisville 500
Lafayette 750 Littleton 700
Englewood 1000 Lafayette 750
The table on the following page illustrates that the letter notice distance is usually aligned for neighborhood meetings and public hearings. Staff recommends that the code be modified such that the letter notice in Wheat Ridge is also the same distance for both types of meetings.
Attachment 3 shows the difference between a 300- and 600-foot mailing distance relative to three recent zone change requests in different areas of the City. Wheat Ridge is part of the Denver Metropolitan Street Grid and like much of the metro area the short end of a single block in Wheat Ridge is about 230-280 feet in width. This means that a 300-foot mailing usually reaches the properties within one block of subject property, and a 600-foot mailing reaches the
properties within two blocks.
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Neighborhood Meeting
Letter Notice (in feet)
Public Hearing Letter
Notice (in feet)
Aurora abutting abutting same
Lakewood 300-500 300-500 same
Westminster 300 300 same
Arvada 400 400 same
Broomfield 500 500 same
Golden 500 500 same
Littleton 700 700 same
Lafayette 750 750 same
Englewood 1000 1000 same
Denver 400 200 differs by 200
Commerce City 500 300 differs by 200
Wheat Ridge 600 300 differs by 300
Future Opportunities Aside from meeting the legal notice obligations associated with public hearings, staff recognizes there are other ways to help residents stay in the know about potential development. This will be an important discussion point with residents as part of the Let’s Talk engagement program to
implement the 2019 Neighborhood Revitalization Strategy. Staff recommends addressing these targeted public notice changes in the short term and having feedback in the early rounds of Let’s Talk inform a potentially broader set of changes addressing this issue more holistically. For example, improved notice could include more mailings or
meetings, better information online, or notice at the outset of a development application. Information and public notice could be differentiated between notice that is seeking input versus notice that is merely informational. Procedural or code changes responsive to Let’s Talk feedback will be presented to Council and could be good as an early implementation task.
NEXT STEPS
Staff Recommendations In summary, staff recommends the following updates:
• Revise the design of posted signs to better communicate with passersby (administrative
adjustment)
• Revise the number of posted signs required based on frontage length (code amendment by Ordinance)
• Revise the letter notice to align the distance for neighborhood meetings and public
hearings (code amendment by Ordinance)
Council Direction Requested Staff is seeking direction on the following items:
• Does Council support the updates noted above to address the public notice signs and
distance requirements?
• What letter notice distance is recommended?
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ATTACHMENTS: 1. Sample posting sign
2. Posting sign frontage examples 3. Mailing distance examples
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The image below show s a completed posting sign. Staff recommends a redesign to better
communicate with passersby.
ATTACHMENT 1
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44th & Kipling – If developed in the future, a
subdivision would be necessary. The parcel lines that
make up the property today are irregularly spaced, so
one sign per parcel would not be meaningful. If signs
were required at one per 400’ of frontage, there would be 3 signs on Kipling and 2 signs on 44th Ave which is
more appropriate for a project of this size.
Applewood Village Shopping Center – In recent years
this property had public hearings for an updated
zoning document and master sign plan. Signs were
posted on the three street frontages. If signs were
required at one per 400’ of frontage, there would have
been 3 signs on W. 38th Ave, 5 signs on Youngfield, and
2 signs on W. 32nd Avenue.
Quail Ridge Subdivision – This property was originally
platted in 2008 and then replatted in 2015. For the
replat, a posting sign on each lot would not have been
meaningful, but 2 signs on Ridge and Quail Streets
would have been more effective than 1 each.
4000-4066 Upham – A single sign advertised public
hearings on this property. This frontage is 260 feet and
a single sign advertised public hearings. If 2 signs were
required, they would better bookend the subject
property and signal the full limits of the subject site.
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ATTACHMENT 2
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The images below show the difference between a 300-foot (left) and 600-foot (right) mailing
distance relative to three recent zone change requests in different areas of the City. As part of
the Denver Metropolitan Street Grid system, the short end of a single block in Wheat Ridge is about 230-300 feet in width. This means that a 300-foot mailing usually reaches the properties within one block of subject property, and a 600-foot mailing reaches the properties within two blocks.
ATTACHMENT 3
6985 W. 38th Avenue 300’ =
3300 Ames Street 300’ =
4440 Tabor Street 300’ =